HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149PURCHASE ORDER
PURCHASE
PO Page
C117/ of
995714er
149 ter z
This number must
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on all invoices, packing
packing
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sli s and labels.
Date: 04/11/2014
Vendor: 465997
Ship To:
TRANSPORTATION PLANNING &
MICHAEL BAKER JR INC
281 NORTH COLLEGE
165 S UNION BLVD SUITE 200
FORT COLLLINS CO 80524
LAKEWOOD CO 80228
Delivery Date: 12/01/2009
Buyer: JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
16 Change account #
1 LOT
EA 1,235.37
17 Change account#
1 LOT
EA-1,235.37
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tenets and Conditions Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Fedual Eacim Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Intern Revenue, Denver Colomda (Ref Calmndo Revised Societies 1923, Chapter 39-26, 114 (a).
Goods ft jaded. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may h Warned to you for credit and ere rot to Its, replaced except upon receipt of written
inswctiom from the City of Can Collins.
Inspection. GOODS see subject to the City of Fan Collins inspection an arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
am cis ed Payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is da ma ent upon completion ofall applicable required inspection procedures.
Freight Term. Shipments must be F.O.B., City of Pon Collins, 200 Wood St., Fort Collins, CO 80522. unless
otherwise specified on this order. Upemrission is given to prepay freight and charge separately, the original freight
bill must accompany immice. Additional charges for puking will nth he accepted.
Shipment Distance. Where manufacturers have disWbming points in variants pans of the country, shipment is
expected farm the merest distribution prim to destiwtion, and excess freight will be deducted tram Invoice when
shipments art made farm grcmer distance.
Permits. Seller shall procure at sellers into cost all naes.ary permits, certificates and frames required by all
applicable Imax, regulations, ordinances and macs of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller harbor agrees to hold the City of Fort Collins harmless ftom and against all liability and Ins.
incurred by them by reason of an aswurd or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority m bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein tit forth and my supplementary or additional terms and conditions amexed hereto or incmpomtad herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
pmmimd delivery dam as noted. Time is of the essence. Delivery and performance must M effected within the tins,
staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance official Irate deliveries, shall operate as a waiver ofmis provision In thc even army delay,
the Purchases shall have, in addition m other legal and equitable mndies, the opran of placing this order elsewhere
and holding the Seller liable for damages. Hawevce, the Seller shall not be liable fro damages as is result of delays
due to causes not reasonably faresaabat which art beyond is reasonable central aM without its fault of negligence,
such acts ofGod, acts afeivil or mihmay authgntia, governmental primifies, f , sbkes, Rood, epidemics, wars or
riots provided that wlia of the condition causing such delay is given to the Purchaser within Five (5) days of the
time when the Seller first received knowledge the vf. In the event of any such delay, the date of delivery shall he
earmarked for the period equal to the time actually lost by consign ofine delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples ast other descriptions given, will be fit for the purposes intemled, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
imilar nature. The Seller agrees to hold the pualaur harmless from any boss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers broach ofw'arrinty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer permit of
time as may be prescribed by law or by the teats of my applicable warranty provided by the Seller after the dare of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or detective work done or materials Flourished by the Seller. Acceptance or use of good by the Purchaser shall not
onstlmm a waiver of any claim under this warranty. Except as otherwise provided m this purchase order, the Sellers
liability hereunder shall extend to al I damages paruoutely used by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke any changes to the rams, oNer than legal nmrs, including additions to or deletions (man
me quantities onginally ordered in the specifications or drawings, by verbal or written change order. If my such
change affects the amount due or Ne time ofparfmmnnee hereunder, an equitable edPatment than ha made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, temtinew this mounrem as to any or all pofforas of the
gods then oat shipped, subject to any equitable abarawent between the pumas as an any work or materials then in
progress Provided that the Purchaser shall oat be liable fro my claims for anticipated prefix on the uncompleted
portion ofine Sneds eta&., wok, far imidernul or consequential damages, and tied an such ndjeaatmmt be made in
favor ofthe Seller with respect to my goods which are the Sellers standard stock. No such warm ation shall relieve
ran Purchaser or the Sella ofnny ofinei, abit,,asns as to my good delivered hereunder.
>. CLAIMS FOR ADJUSTMENT.
Any claim for udjustmtnt most be averred within mire, (30) days fmm the date the change or margination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrens dot all goods sold hereunder shall have been produced sold, delivered and famished in strict
compliance with all applicable laws and regularime to which the goad are subject. The Seller shall execute and
deliver such documents m may be, required to effect or evidence compliance. All laws and regulations acquired to be
incorporated in agreements of this character we hereby ince"mad herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pan, shall assign vansfc, or convey this order, or any monies due or to became due hereunder without the
prior written commit of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Parchment for all equipment, materials, and items furnished
in performance of this paramount, ft= and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofodmrs.
I I. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the times and conditions hereof, failure or delay to
examise any rights or remedies provided herein or by law, failure to Promptly unit fy the Seller in the event of a
broach, me acceptance of or pa mart for goads hereunder or ,.]of the deign, shall nmr ml. the Seller of
any of the warranties or obligations of this purchase order and shall rot be deemed a waiver of any right of the
purchase, to insist upon evict performance lose for my of its rights or remedies as in any such games, regardless
of when shipped, received or accepted, as in my prior of subscqurnr default hereunder, nor ahall any purported
coal modification or rescissim of this Purchase order by the purchaser option, as a waiver of my of the isms
heartrof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize dar in actual ec mic practice, overcharges resulting farm antims,
violations are in fact Some by the Purehasm. Theretofore, fir good eause aod as consideration for exeetiog this
purchase cover, the Seller hereby assigns to the Pasurchomer any and all claims it may now have or hereafter,
acquired under federal or .is achrogt laws for such overcharges alaing to the Particular goods or services
purchase) or acquired by the purchaser pmsumt to this franchise order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective guests by a date to be agmed open by the
Punctuator and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs numerical with such work.
The Seller shall release ,he Purchase, and its contractors of any tier fmm all liability and claims of any nature
resulting from the performance airmen work
Ilia release shall apply wen in the event of fault of negligence of me parry released send shall extend to the
directors, oRcers end employees fsuch party.
The Seller's contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by tarter, parent, wdemak
r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reazon of the use of such parented design, device, material or prmess in connection with the contract, am
shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In ram said equipment, at
any part thereof or the intended use of the good, is in such suit held to cormlimm ofdngemenl and the use of
said equipment an pan is rnjoind, the Seller shall, to its own expense and in its option, either parcme for the
Purchaser Us, right to continue using mid ryuipmmr of pans, replace the same with substantially ex,unl but
nwninfringing rquipmem, or modify it so it becomes noninGvging.
15. INSOLVENCY.
If the Seller shall berome insoheat or bradvar , make an assigmmm for the bcerefl of creditors, appoint a
receive, or Trustee far any of the Sellers property or business, this order may forthwith be, canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and die rights of all parties hereunder shall h
canswed under out governed by the laws of rim State of Colorado, USA.
The following Additional Conditions apply only in taus where the Seller is to perform weak hereunder,
including the services of Sellers R@resenutive(s), on the premises adamant.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk wtil the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work We, materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or emotion by the Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, al his own expense, provide for the paymet of workers compensation, including occupational
diumen benefits, to is employes employed on or in connection with the work covered by this purchase cover,
mWor to their dependent, in accordance with the laws of the state in which the work is to he done. The Seller
shall also cony comp chemive general liability including, but not limited to, contractual and automobile public
liability imumnce with 1-lily injury and deem limits of at least S300,00 for my one person, S500,000 for any
one accident and propery damage limit per accident of S400,000. The Sella shall likewise require his
convectors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
rmploy shall do any work upon the premises of others, the Sella shall famish the Purchaser with a car iecate
Jar such compereamm. and imueance have been Provided. Such anificam, ahall specify the date when such
compensation and insurance hmc been provided Such merficmes slandl specify the date when such compensation
and insurance expires. The Seller agrees cast such evmperwfion and irourunce shall M maintained until after the
entire wok is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass es the enure mapunsubilie, and liability far any and all damage, tom or injury ofmy kind
an nature whatsaver to mmus at property caused by or rusuhing fmm the execution ofthe wok provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pmcbsscr most my
or all of the Pmch'aerx oRcers, agents mW employees tram and against my and all claims, losers, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
Is, put or subject by reason of any act action, neglect, omission ar detail, con the pan of the Seller, my of his
contractors, or my of the Sellers or rantriatim; officers, agents or employes. In cake my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or
by mason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the mine at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said patties in or as a result of such suits or other proceedings,
the Seller will at are max, the same to be dissolved and discharged by giving bond or otherwise. The Seller end
his contractors shall take all safety precautions, fumish and inetall all guards necessary for the Prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03/2010